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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex is trying to buy me out of the property, although I dont

Resolved Question:

My ex is trying to buy me out of the property, although I don't know how because he hasn't got much of an income. He seems to think the mortgage can continue as it is with my name on it. Surely when I sign the Transfer to come off the register the mortgage will be discharged too? Wouldn't he have to then remortgage? There is no way I am keeping my name on the mortgage in case he defaulted in the future. Should I speak to our mortgage provider?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you unmarried please?

Tom
Customer: replied 1 year ago.

in the middle of divorce

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The registered title to a property with a mortgage on it (as a first legal charge) cannot be transferred without the lender’s express consent. The first legal charge prevents this.

The only way it could be transferred without the express consent of the lender is where there is an order for the court stating that it should be transferred. If there is no order then there cannot be any transfer unless the lender consents.

You should speak to your lender about this. If he is trying to transfer the property without their consent then he won’t be successful.

However, I would strongly urge you not to sign the transfer without first taking advice from a local solicitor after taking the relevant documention from court proceedings, your ex and the lender to them for a consultation.

It is likely that in order for the lender to do this then they would have to give your ex a mortgage offer in his sole name in order for him to transfer the equity, remortgage in his sole name and release you from your obligations under the current mortgage. At the moment the position is very unclear but from what you say it appears unlikely that the lender would consent to this.

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Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6646
Experience: BA (Hons), PgDip, Practising Solicitor
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